42-U.S.C.-2000E-1
§2000E-1 – §2000E-1. Exemption
Pathway
Title 42 > Chapter 21 > Subchapter VI > Section 2000e-1
Details
- Reference: Section 2000e-1
- Legend: §2000E-1 – §2000E-1. Exemption
- USCode Year: 2011
Provision Content
(a) Inapplicability of subchapter to certain aliens and employees of religious entities
This subchapter shall not apply to an employer with respect to the employment of aliens outside any State, or to a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities.
(b) Compliance with statute as violative of foreign law
It shall not be unlawful under section 2000e–2 or 2000e–3 of this title for an employer (or a corporation controlled by an employer), labor organization, employment agency, or joint labor-management committee controlling apprenticeship or other training or retraining (including on-the-job training programs) to take any action otherwise prohibited by such section, with respect to an employee in a workplace in a foreign country if compliance with such section would cause such employer (or such corporation), such organization, such agency, or such committee to violate the law of the foreign country in which such workplace is located.
(c) Control of corporation incorporated in foreign country
(1) If an employer controls a corporation whose place of incorporation is a foreign country, any practice prohibited by section 2000e–2 or 2000e–3 of this title engaged in by such corporation shall be presumed to be engaged in by such employer.
(2) Sections 2000e–2 and 2000e–3 of this title shall not apply with respect to the foreign operations of an employer that is a foreign person not controlled by an American employer.
(3) For purposes of this subsection, the determination of whether an employer controls a corporation shall be based on—
(A) the interrelation of operations;
(B) the common management;
(C) the centralized control of labor relations; and
(D) the common ownership or financial control,
of the employer and the corporation.
(Pub. L. 88–352, title VII, §702, July 2, 1964, 78 Stat. 255; Pub. L. 92–261, §3, Mar. 24, 1972, 86 Stat. 103; Pub. L. 102–166, title I, §109(b)(1), Nov. 21, 1991, 105 Stat. 1077.)
Amendments
1991—Pub. L. 102–166 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).
1972—Pub. L. 92–261 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “This subchapter shall not apply to an employer with respect to the employment of aliens outside any State, or to a religious corporation, association, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, or society of its religious activities or to an educational institution with respect to the employment of individuals to perform work connected with the educational activities of such institution.”
Effective Date of 1991 Amendment
Amendment by Pub. L. 102–166 inapplicable to conduct occurring before Nov. 21, 1991, see section 109(c) of Pub. L. 102–166, set out as a note under section 2000e of this title.
U.S. Encyclopedia of Law Coverage
42-U.S.C.-2000D-5 in the Legal Encyclopedia: Justice System
In this entry about 42-U.S.C.-2000D-5, find legal reference material, bibliographies and premiere content related to justice system in the American Encyclopedia of Law, presenting a comprehensive view of the United States justice system-specific issues, written by authorities in the field.
42-U.S.C.-2000D-7 in the Legal Encyclopedia: Civil Rights
In this entry about 42-U.S.C.-2000D-7, find legal reference material, bibliographies and premiere content related to civil rights in the American Encyclopedia of Law, presenting a comprehensive view of the United States civil rights-specific issues, written by authorities in the field.
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